1. Darkcula

    Darkcula Member

    Joined:
    Dec 22, 2013
    Messages:
    67
    Likes Received:
    6
    Location:
    Lazyville

    Copyright infringement on character names

    Discussion in 'Character Development' started by Darkcula, Apr 16, 2018.

    I am suspecting copyright infringement for having incorporated real-life celebrities in my ongoing fiction project.
    For instance, If I use the character of 'Stephen Hawking' (without any alterations to the actual name) in my novel, will it pose an issue, later?
     
  2. Lucian Hodoboc

    Lucian Hodoboc New Member

    Joined:
    Apr 15, 2018
    Messages:
    12
    Likes Received:
    8
    Location:
    Eastern-Europe
    If you're going to use the actual famous person as a character in your book, then yes, I'm guessing that you would need permission from the person, otherwise it could be grounds for a lawsuit. Especially if you're using the names of some celebrities who have copyrighted their names (such as Sarah Palin).
     
  3. big soft moose

    big soft moose An Admoostrator Admin Staff Supporter Contributor Community Volunteer

    Joined:
    Aug 1, 2016
    Messages:
    22,537
    Likes Received:
    25,864
    Location:
    East devon/somerset border
    you can't copyright a name ... trademarks are different
     
  4. deadrats

    deadrats Contributor Contributor

    Joined:
    Jul 7, 2016
    Messages:
    6,055
    Likes Received:
    7,349
    Look at all the times Stephen Hawking came up in The Big Bang Theory. I think this is an issue people worry about more than they have to.
     
  5. Cephus

    Cephus Contributor Contributor

    Joined:
    Jan 3, 2014
    Messages:
    850
    Likes Received:
    953
    Names cannot be copyrighted or trademarked. Now a celebrity can sue if you defame them in your book, but they can't do a thing about using their name.
     
  6. Lucian Hodoboc

    Lucian Hodoboc New Member

    Joined:
    Apr 15, 2018
    Messages:
    12
    Likes Received:
    8
    Location:
    Eastern-Europe
    Oops... It's getting more an more difficult to distinguish fake news from real news on the internet nowadays... :dead:
     
  7. Shenanigator

    Shenanigator Has the Vocabulary of a Well-Educated Sailor. Contributor

    Joined:
    Sep 17, 2017
    Messages:
    4,886
    Likes Received:
    8,763
    A band name is usually trademarked, so using the name of a band, or one of the members of that band in association with the band name ("Joe Schmoe of the Schmoes") could be an issue.

    ETA: And yes, celebrities can trademark their names, because it is associated with a good or service (singing, acting, etc):

    http://info.legalzoom.com/can-celebrities-trademark-names-23526.html
     
    Last edited: Apr 17, 2018
  8. Shenanigator

    Shenanigator Has the Vocabulary of a Well-Educated Sailor. Contributor

    Joined:
    Sep 17, 2017
    Messages:
    4,886
    Likes Received:
    8,763
    Celebrities can trademark their names, because they are associated with a good or service. See my other post.
     
  9. Darkcula

    Darkcula Member

    Joined:
    Dec 22, 2013
    Messages:
    67
    Likes Received:
    6
    Location:
    Lazyville
    Could a 'Trademarked' name, have an impact, even after the celeb's demise?

    In my WIP, I have used some of the famous scientists who are no longer with us, as actual characters. To give a few- from the likes of Stephen Hawking to Einstien, Edison, and Newton.
    Their souls are trapped on an island, in an unknown dimension. The story basically revolves around their lifestyle, gossips, brainstorming, etc. so their actual names are very much likely to pop up on each page of my book.

    Do you guys foresee a probable lawsuit pertaining to the aforementioned scenario?

    :meh::meh::meh::meh:
     
    Last edited: Apr 18, 2018
  10. Shenanigator

    Shenanigator Has the Vocabulary of a Well-Educated Sailor. Contributor

    Joined:
    Sep 17, 2017
    Messages:
    4,886
    Likes Received:
    8,763
    I was mainly referring to the entertainment world.

    That would be a good question for @Steerpike
     
  11. DeusXMachina

    DeusXMachina Member

    Joined:
    Apr 12, 2018
    Messages:
    38
    Likes Received:
    40
    Location:
    Europe
    No. You're by far not the first who recycles historical personalities in their fiction.

    https://en.wikipedia.org/wiki/A_House-Boat_on_the_Styx
    https://en.wikipedia.org/wiki/God_Bless_You,_Dr._Kevorkian
    https://en.wikipedia.org/wiki/Riverworld
     
  12. big soft moose

    big soft moose An Admoostrator Admin Staff Supporter Contributor Community Volunteer

    Joined:
    Aug 1, 2016
    Messages:
    22,537
    Likes Received:
    25,864
    Location:
    East devon/somerset border
    If its just the name I can't see a problem - john scalzi uses no end of scientists names in ghost brigades (all the genetically engineered special forces characters are given the surname of a famous scientist of space explorer)... however it sounds as if you are using the actual characters... which is a potential issue more of libel and defamation than trademark in my opinion ..... that said I'm not a lawyer, I'd second that this is one for @Steerpike
     
    Shenanigator likes this.
  13. Steerpike

    Steerpike Felis amatus Contributor

    Joined:
    Jul 5, 2010
    Messages:
    13,984
    Likes Received:
    8,557
    Location:
    California, US
    This isn't true. They can be trademarked.
     
    Shenanigator likes this.
  14. Steerpike

    Steerpike Felis amatus Contributor

    Joined:
    Jul 5, 2010
    Messages:
    13,984
    Likes Received:
    8,557
    Location:
    California, US
    If you're just referencing a name in a book, I think it unlikely you'll have a problem. If the actual person appears as a character, you could have a right of publicity issue, particularly if you're advertising the work based on that character (which is more likely a problem than the trademark issue), and that can very from state to state in the U.S. Could also be a defamation claim, depending on the use.

    Of course, there are some protections against legal claims for these kinds of uses, but they can cost you.
     
    Darkcula and Shenanigator like this.
  15. The Dapper Hooligan

    The Dapper Hooligan (V) ( ;,,;) (v) Contributor

    Joined:
    Jul 24, 2017
    Messages:
    5,864
    Likes Received:
    10,738
    Location:
    The great white north.


    Not sure how true it is, but there's a story that when they were filming Fight Club production was halted for a few weeks because when they did a search, there was only one Marla Singer in the US. This was a problem, because if there were many Marla Singers, then they couldn't say that this character referenced one specific person, but could be any one of them. Since there was only one, though, they had to go get permission to use her name before they could continue to avoid future legal problems. Incidentally, the name wasn't changed from book to movie, and from what I've heard, this wasn't a problem for Chuck Palahniuk.
     
    Last edited: Apr 17, 2018
  16. deadrats

    deadrats Contributor Contributor

    Joined:
    Jul 7, 2016
    Messages:
    6,055
    Likes Received:
    7,349
    I love to name drop and use famous people in my writing all the time. I believe the places that have bought and published my work know what they're doing, and it has never been an issue.
     
  17. deadrats

    deadrats Contributor Contributor

    Joined:
    Jul 7, 2016
    Messages:
    6,055
    Likes Received:
    7,349
    And if I want to have a baby and name her Madonna or Tom Brady, no one is going to stop me and say I can't because that name is already taken. People write unflattering stuff about famous people all the time. I have been told that there is a difference between the rules of writing about a person who is in the public spotlight and an infamous person. Basically, famous people are fair game to some extent. Your publisher or agent will know if it's an issue and how to handle it when you get to that point. But I think you're a lot more okay than some of the other responses seem to believe.
     
  18. Steerpike

    Steerpike Felis amatus Contributor

    Joined:
    Jul 5, 2010
    Messages:
    13,984
    Likes Received:
    8,557
    Location:
    California, US
    A public figure has to show “actual malice” to prevail in a defamation claim. It’s a higher standard.
     
    Darkcula and Shenanigator like this.
  19. Cephus

    Cephus Contributor Contributor

    Joined:
    Jan 3, 2014
    Messages:
    850
    Likes Received:
    953
    They can, only in relationship to their careers. A celebrity named Joe Smith can't trademark "Joe Smith" and deny everyone the use of the name. He can't go after parents who are naming their kids Joe Smith. If you want to name a character Hillary Clinton, there isn't a damn thing she can do about it.
     
  20. Shenanigator

    Shenanigator Has the Vocabulary of a Well-Educated Sailor. Contributor

    Joined:
    Sep 17, 2017
    Messages:
    4,886
    Likes Received:
    8,763
    You should probably know that this is @Steerpike's profession. Steerpike is an attorney who specializes in this stuff and has litigated many such cases, on both sides.
     
  21. Steerpike

    Steerpike Felis amatus Contributor

    Joined:
    Jul 5, 2010
    Messages:
    13,984
    Likes Received:
    8,557
    Location:
    California, US
    Trademarks protect against trademark infringement. They can’t go after you naming a child, because that’s not using the name as a trademark. It is broader than just a career, though. It relates to goods and services for which the trademark is used. Kate Spade, for example (though her name has since changed) can go after use of that name on similar goods and services, or even a related zone of expansion (which could be quite large since Kate Spade is arguably a famous mark).
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice